Background
FPACP Mount Pleasant, LLC d/b/a Focused Care at Mount Pleasant, Focused Post Acute Care Partners, LLC, and Focused Post Acute Care Partners Management, LLC brought an accelerated appeal from an interlocutory order signed by the 76th District Court of Titus County on August 6, 2026.
On October 19, 2026, the parties filed an agreed motion asking the Sixth Court of Appeals to dismiss the appeal under Rule 42.1(a)(2) of the Texas Rules of Appellate Procedure.
The Court’s Holding
The court granted the parties’ agreed motion and dismissed the appeal pursuant to Texas Rule of Appellate Procedure 42.1(a)(2).
Under Rule 42.1(d), the court ordered each party to bear its own appellate costs.
Key Takeaways
- The Sixth Court of Appeals dismissed the accelerated interlocutory appeal at the parties’ joint request.
- The memorandum opinion did not address the merits of the underlying dispute or the interlocutory order.
- Each party was ordered to bear its own costs of appeal.
Why It Matters
The decision illustrates that parties may jointly seek dismissal of an appeal under Texas Rule of Appellate Procedure 42.1(a)(2). Here, the agreed dismissal ended the appellate proceeding without a merits ruling.